03.05.09

Gemini version available ♊︎

European Action Organised Against “Economic Parasite” (Microsoft) After TomTom Lawsuit

Posted in America, Antitrust, Europe, GNU/Linux, Law, Microsoft, Patents at 10:46 am by Dr. Roy Schestowitz

Software patents protest in India

Summary: In the face of heavy Microsoft lobbying against Free software in Europe, in addition to a patent lawsuit against one Linux-based European company, backlash was inevitable

A NEW paper from IPRIA speaks about the strangulation of small players in the market which is saturated with patents. But Microsoft tells different stories using its lobbying guns and pseudo-grassroots campaigns [1, 2, 3]. It has been very busy hijacking papers and voices in Europe recently, but not everyone is willing to tolerate it.

EndSoftwarePatents.org, with backing from the FSF and FSFE, is going to stage protests that rain on Microsoft’s self-serving parade and “schmoozing” of diplomats (Microsoft bamboozled and schmoozed Commissioner Neelie Kroes).

Here are the preliminary details:

Raise awareness of ‘Economic Parasites’, Brussels, Thursday 5th 8am

EndSoftwarePatents.org will be launching the “Economic Parasites” campaign and our first action will be to inform the attendees of Microsoft’s “Growth and Innovation Day”.

Help is needed to hand out leaflets outside the entrance before this event.

Since this is very short notice, if you know someone else who might be happy to help us, please forward them this email.

Microsoft attacked free software and GNU/Linux users with software patent claims against the Tom Tom Navigator and its implementation of the FAT file system. With widespread support for GNU/Linux becoming a reality, are these patent claims an attempt to chill adoption by spreading fear, uncertainty and doubt (FUD)? Let’s remind businesses and politicians in Brussels that Microsoft is a parasite.

Microsoft’s patent aggression [1, 2] is already working quite badly against it. In fact, to illustrate the situation, here is a new TomTom cartoon. Think about the impact of Bilski [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] because software patents may not be really valid anymore, surely not in Europe. But there are barriers nonetheless, such as this disinformation-filled page from the EPO. It’s angering a number of people who spot the propaganda language.

Why are such programs not patentable in Europe?

The EPO does not grant patents for computer programs or computer-implemented business methods that make no technical contribution. Programs for computers as such are excluded from patentability by virtue of Art. 52(2)(c) and (3) EPC. According to this patent law, a program for a computer is not patentable if it does not have the potential to cause a “further technical effect” which must go beyond the inherent technical interactions between hardware and software.

On the other hand, a CII (even in the form of a computer program) that can provide this further technical effect can be patentable, subject to the other patentability requirements, such as novelty and inventive step. In this case, it would be recognised as providing a technical solution to a technical problem.

Richard Stallman has already stated that “staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.” Richard Stallman, on behalf of the Free Software Foundation, has also made a call to address IETF’s monopoly enablement and he explains why.

In an e-mail message sent to various mailing lists, Mr Richard Stallman argued:

“A patented standard for software is worse than no standard, because it functions to augment the patent holder’s stranglehold over society. What everyone ought to do is resist it.

As long as the IETF allows patented standards for software, anyone can argue about any proposed patented standard that it important enough to excuse the patent. Others can argue that it is not, but since that is a question of judgment, the conclusion is never inevitable. So the risk is always broader than it might appear.”

Obviously Mr Stallman and, with him FSF, are launching an attempt to use the particular Draft standard at stake as a vehicle for launching a broader political debate on CII patenting in the wider context of the IETF.

It is important to remember whose interests are served by changing patent law so as to protect monopolies with legal means. Microsoft’s OOXML corruptions, for example, were done for an important reason (patents and control). Charles explains how these things may also relate to Microsoft’s corporate behaviour, which devolved further:

Microsoft defends itself by being Microsoft. I am not naïve and I know there were other monopolies in the recent past: But if we remember well the eighties, Microsoft used to have some charm back then. These days, it’s all about legal actions, and lobbying of international institutions. The last one is particularly shocking given Microsoft’s poor record with standardisation. But it does not stop this company to send in one of its best people, Amy Marasco, to the ITU in order to frame an intellectual property policy designed, among other goals, to hinder the FOSS sector to use standards.

By all means, Microsoft is still a monopoly abuser whose “undocumentation” (Microsoft’s own term) is not satisfactory [1, 2, 3, 4], as matter of design. So it’s disappointing to see the European Commission dropping the ball despite the clear warnings.

The EU executive appointed computer science professor Neil Barrett in 2005 to assess data provided by Microsoft — documents that he later judged as “unusable” as a manual for software engineers.

What is the European Commission thinking here?

The European Commission has relaxed the requirements of the 2004 anti-trust order against Microsoft – the software giant no longer needs its behaviour watched by a full-time “monitoring trustee”.

Could the company's many EU cronies be partly responsible for this? Microsoft’s political muscle is nothing to sneeze at [1, 2].

As the company continues to attack GNU/Linux by proxy, suspicions remain about Red Hat's latest debacle, which Heise is now covering as well.

Red Hat hit by a patent suit

[...]

According to the court filing by Software Tree, the patent has previously been re-examined by the patent office and was granted a re-examination certificate in April 2008. The filing states that Software Tree wishes the court to award unspecified damages to them for infringement and lost profit and to permanently injunct Red Hat from distributing Hibernate, while it infringes the patent.

As David Gerard points out, “this is two competitors for the price of one: Red Hat and Java.”

To summarise with just one thought in the words of Anthony J. D’Angelo, “If you believe that discrimination exists, it will.” Microsoft is always trying to marginalise — if not altogether illegalise — Free software. Whereas Microsoft claims that it’s discriminated against by Free software advocates, it seems unable to acknowledge its own hypocrisy.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  2. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  3. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  4. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  5. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  6. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  7. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  8. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  9. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  10. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  11. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  12. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  13. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  14. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  15. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  16. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  17. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  18. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  19. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  20. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  21. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  22. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  23. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  24. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  25. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  26. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  27. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  28. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  29. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  30. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts